Regardless of who is facing an environmental violation, it can be frustrating and expensive. Violations aside, environmental compliance and remediation are increasingly expensive. According to Statistics Canada, Canadian businesses spent $26.6 billion to protect the environment in 2021, an increase of 16.3% from 2020.
Moreover, as outlined below, environmental enforcement can affect companies of all types and even municipal governments.
Nova Scotia Town Fined $100,000
On November 13, 2019, Environment and Climate Change Canada enforcement officers received a complaint of a strong sewage smell around Lowden Brook along North Main Street in Trenton, Nova Scotia. When officers conducted an on-site inspection, they located an outfall that was releasing what appeared to be raw sewage into the brook. It was determined that the outfall was connected to the Town of Trenton’s (Nova Scotia) municipal infrastructure. Officers collected samples from the outfall and at the entry point into Lowden Brook for chemistry, microbiology, and toxicology analysis (Source: Environment and Climate Change Canada).
The raw sewage discharge occurred over seven months.
In addition to the fine, the town will be added to the Environmental Offenders Registry and they will be required to do the following:
- Training on the Fisheries Act and its requirements.
- Training on effluent sampling protocol for town employees and contractors.
- Publishing information about the incident and sentencing on the town’s website (Source: CBC News).
According to the CBC report, Mayor Donald Hussher said, “It was a mistake and we learned from it. And that’s the biggest thing about mistakes, that you learn from it and you move forward.” The town of 2,400 residents has three years to pay the fine.
Improper connections to sewer pipe can go unnoticed for months or years (Photo by Kevin Andre on Unsplash).
Pollution Abatement Order Issued in British Columbia
On March 15, 2024, British Columbia’s Ministry of Environment and Climate Change Strategy issued a “Pollution Abatement Order” to Deep Water Recovery.
Their profile on LinkedIn states that Deep Water Recovery specializes in cleaning up the marine environment. It also provides ship repair services and helps salvage, disassemble, and recycle marine vessels, barges, locomotives, and large track amounts.
According to a letter from the British Columbia Ministry of Environment and Climate Change Strategy, issues discovered during onsite inspections at Deep Water Recovery include the following:
April 5, 2022: The asphalt area of the Facility is designed in such a way that it directs effluent from the facility to three unlined collection basins (“Sumps”). No treatment systems were observed connected to sumps, which drain directly into the marine environment.
August 17, 2022: Wastes onsite included wood debris; steel scrap; unusable rusted material; septic system discharge; recreational vehicle effluent; and surface water effluent. It was also confirmed at this time that there were no treatment systems connected to the Sumps, which are designed to discharge directly to the marine environment
October 27, 2022: During a significant precipitation, event in excess of 20 mm, Ministry staff observed an active discharge of effluent overflowing from two of the Sumps into the tidal foreshore and marine environment. Ministry staff collected samples of the effluent discharging into the environment, which exceeded British Columbia Water Quality Guidelines.
Based on the above, on January 23, 2023, an Information Order 111550 (IO) was issued. The order requires the company to immediately cease the release or discharge of effluent with concentrations of Copper, Lead, and Zinc above BCWQG (British Columbia Water Quality Guidelines) levels to the environment. The order also requires regular monitoring and sampling of discharges from the three sumps, which are designed to discharge to marine waters when full. The monitoring and sampling are required to be completed under the direction of a Qualified Professional, and monthly reports are required to be submitted to the Director.
Failure to comply with the order could result in a fine of up to $300,000 or imprisonment for not more than 6 months or both.
Hamilton Ontario Company Fined $225,000
According to the Ontario Ministry of Environment Conservation and Parks (MECP), Triple M Metal Corporation, a company that recycles ferrous and non-ferrous scrap metals, committed the following offences at two different facilities in Ontario:
- Using, operating, or constructing any plant, structure, equipment, apparatus, mechanism or thing that may discharge a contaminant into the environment without ministry approval.
- On two separate occasions, failing to comply with a ministry Order by failing to notify the ministry of an explosion within a shredder.
- On two separate occasions, failing to comply with a ministry Order by failing to ensure that no prohibited materials were processed within a shredder unless all gases, fluids, or other substances that may cause an explosion had been removed.
These issues were discovered in an October 2019 inspection. During the inspection, representatives from Triple M Metal told the MECP that they were going to remove and install some new equipment. MECP told the company representative they would be required to amend their Environmental Compliance Approval (ECA). The ECA was never received by the MECP.
The company was convicted of five violations under the Environmental Protection Act (EPA), fined a total of $225,000 plus a victim fine surcharge of $56,250, and given two years to pay the fine.
If you have questions or need assistance with an environmental compliance issue, contact Christopher Paré, P. Geo., CPG at 519-948-7300, Ext. 114.
Alan Hahn drafted this blog. Alan holds an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo, reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 30 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
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